Other conditions decisions — 2021

The Veteran's claim for compensation under 38 U.S.C. §1151 for congestive heart failure has been dismissed due to the death of the appellant during the pendency of the appeal.

The Veteran's residuals of a gastrocnemius tear of the left leg are rated at 10 percent prior to January 3, 2019 and at 30 percent on and after that date. The claim for higher rating is denied.,Prior to November 14, 2017, the Veteran's epicondylitis of the left elbow was rated as 0 percent. On and after this date, a 10 percent rating has been granted.

The Veteran's back disability has not been shown to warrant a rating in excess of 40 percent, as the evidence does not demonstrate unfavorable ankylosis. The right and left lower extremity radiculopathy associated with his back disability have also not been shown to warrant ratings higher than 20 percent.

The Board has remanded the case due to inadequate medical opinion in denying service connection for right-breast adenocarcinoma, and a new addendum opinion is needed.

The Board has remanded the case due to insufficient evidence regarding service connection for cardiovascular disorders and psychiatric conditions. The Veteran's claims are pending further development.

The Board has remanded the case due to inconsistencies in the evidence regarding service connection for multiple myeloma and its cause. The Veteran's claims will be reconsidered with additional medical records obtained.

The Veteran's appeal for service connection of a dental condition has been dismissed due to the death of the Veteran.

The Board has determined that the Veteran's varicose veins were aggravated by service, and therefore grants service connection for this condition.

The Veteran's death was not recognized as a surviving spouse for DIC and death pension benefits due to the lack of valid marriage under Missouri state law, despite the appellant claiming long-term cohabitation.

The appeal for service connection of a lumbar spine disability is dismissed due to the Veteran's death before a decision was made.

The Board has decided to remand the Veteran's claim of service connection for a left thigh and pelvis disorder due to inadequate examination, specifically failing to consider an in-service fall from an AmTrac vehicle during active service.

The Board has decided to remand the case due to insufficient medical opinions and missing records, particularly regarding the Veteran's lung condition.

The Veteran's left eye disability, which includes choroidal rupture and traumatic cataract, is rated at 40 percent. The appeal for an increased rating in excess of this has been denied.

The Board has denied service connection for bilateral upper and lower extremity disorders, but has remanded the case to obtain medical nexus opinions.

The Board has determined that the Veteran's prostate disorder did not begin during his active service and is not related to any in-service injury or disease. Therefore, service connection for this condition is denied.

The Veteran's bilateral foot deformities with callus formations and hammer toes, status post-surgeries, are rated at 50 percent effective since January 2001.,The Veteran's lumbar degenerative disc disease does not meet the criteria for a rating in excess of 40 percent.,Compensable ratings (20%) are denied for right and left lower extremity radiculopathy prior to May 2, 2012, and in excess of 20% thereafter.

The Board found the overpayment valid and denied a waiver due to lack of fault on VA's part, but finding that repayment would not cause undue hardship or defeat the purpose for which benefits were intended.

The Board has granted compensation under the provisions of 38 U.S.C. § 1151 for a hematoma, recurrent urinary tract infections (UTI), and urinary incontinence resulting from VA treatment between October 6, 2014 to October 23, 2014. The issue of entitlement to special monthly compensation based on the need for regular aid and attendance or being housebound is remanded.

The Board has remanded the case due to lack of substantial compliance with a previous remand, and requested an addendum opinion on whether any currently diagnosed psychiatric disability was caused by or incurred in service.

The Board has remanded the case to determine if the Veteran's pre-existing myopia was aggravated by his service, and to provide a VA examination for this purpose.